When it comes to DUI cases, one of the best outcomes that some lawyers can hope to get is to get the DUI charge under California Vehicle Code 23152 and get the prosecutors to give the client an exhibition of speed instead.
This is basically someone screeching their tires out of the parking lot. It's more a traffic related offense than a DUI. It definitely doesn't carry all of the horrible ramifications that a DUI does.
Mitigating Circumstances In Your DUI Case
An exhibition of speed in Los Angeles is basically obtained when the prosecutors feel that they cannot prove a DUI against a person and there are mitigating circumstances that exist.
A lot of time where I'm seeing exhibitions of speed in Los Angeles Country is when somebody has a clean driving record, their blood alcohol level is a .08 and they are not doing anything dangerous out on the road like speeding excessively, weaving in and out of traffic.
Also, someone who just forgets to turn their lights on, doesn't stop at the line of the stop sign and has a low blood alcohol level, is much more likely to get an exhibition of speed versus a DUI than somebody who is driving dangerously or has a higher blood alcohol level.
There are other ways to get an exhibition of speeds in Los Angeles besides having a .08, but you don't see a lot of these cases.
The prosecutors are going to have to feel that they have a real problem in proving one of the DUI Code Sections if they're going to give somebody an exhibition of speed and let them plead to California Vehicle Code 23109c.
Defenses to Get A Exhibition of Speed
One defense is that you weren't driving the vehicle. If the police come upon you and your vehicle is stopped and you're outside of the vehicle or even if you're in the vehicle. If you're not driving the vehicle, then you're in a position where you can argue for an exhibition of speed. But if you are driving the vehicle then this would not be a defense that would be available to you.
Another potential defense to get an exhibition of speed instead of a DUI is to be able to argue that you have a low blood alcohol level like a .08/.09 or to be able to argue that there's some sort of a problem with the breath machine that's being used to test your breath.
It wasn't properly calibrated, it was taken out of service for some time until you were tested by the Breathalyzer, so these are ways to be able to argue to get a speed contest.
Also, if you pass a lot of the DUI tests, like walking nine steps and then turning around, being able to touch your nose properly, not having your pupils bounce when the police look at them.
Some of the other tests that the police are giving – if you can pass a lot of these tests, you're cooperative with the police, you're not belligerent, you walk very easily, your speech is not slurred, your eyes are not bloodshot and watery – these are all argues to try to get a speed contest.
The bottom line though is, if you're going to try to get a speed contest you're going to have to have an attorney that's local to the court where your case is pending, knows how to work a DUI case, knows what it takes to win, has dealt with these prosecutors and judges ad knows what a case is worth, knows when you can actually get a speed contest versus you're in a position where you have no chance to get a speed contest.
So, before you let a DUI attorney start talking about a speed contest and say that you can get a plead to a 23109c, you're going to want to know why.
What are the reasons for it, because it's not magic; you need to have a powerful argument, be able to convince the prosecutors and judge that your client is a safe person.
You need to have a good record other than what's happened in this case and that the prosecutors may have a problem proving this case, and therefore, they should give the person a speed contest and let them plead the Vehicle Code 23109c versus a §23152a or b.